14 day rule?
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Discussion

shake me up judy

Original Poster:

556 posts

263 months

Sunday 29th January 2006
quotequote all
A collegue recieved a NIP by post last Friday. The allaeged offence (34 in a 30) was took place 16 days ago. I thought that if the NIP wasn't received within 14 days it was void - is this still true?

voyds9

8,490 posts

313 months

Sunday 29th January 2006
quotequote all
14 days not including the day of the offence so in effect 15days. If it was post marked on the 15th day it still counts I'm afraid, irrespective of how long the post office held it up.

Dwight VanDriver

6,583 posts

274 months

Sunday 29th January 2006
quotequote all
Was collegue the Reg Keeper of the vehicle involved in the offence?. If not then NOIP may well have been sent in time to that person in which case service good.

If Keeper himself then the requirement to send the NOIP within 14 days has attracted the attention of the High Court which has stated that Notice sent by post (second class post not acceptable if sent direct to Reg Keeper)deemed to have been served within 14 days provided it was posted as required within 14 days of the offence even if, in fact, the Notice was not received by him in 14 days (Groome v Driscoll [1969]) But in a later case (Nicholson v Tapp [1972]) notice will have deemed to have been given at the time when the letter would be delivered in the ordinary course of the post, THIS MUST BE IN 14 DAYS. If this applies collegue has an arguement and can contest NOIP not served within terms of the law and hence propceedinmgs cannot go ahead. He should see a Solicitor well versed in Traffic law.

dvd

greenv8s

31,024 posts

314 months

Sunday 29th January 2006
quotequote all
shake me up judy said:
34 in a 30


Blimey, what ever happened to the '10%+3' policy?

wolf1

3,100 posts

280 months

Sunday 29th January 2006
quotequote all
greenv8s said:
shake me up judy said:
34 in a 30


Blimey, what ever happened to the '10%+3' policy?


They can earn more if they ignore it and prosecute 1mph over the limit!

docjan

140 posts

262 months

Sunday 29th January 2006
quotequote all
10% + 2 .

john57

1,869 posts

258 months

Sunday 29th January 2006
quotequote all
34 in a 30 ...... terrible crime !

shake me up judy

Original Poster:

556 posts

263 months

Sunday 29th January 2006
quotequote all
Thanks Guys. I haven't seen the NIP, the speed may have been misreported.